Adopted son

Chetan (Querist) 20 August 2024 This query is : Resolved
Greetings to All!

As per The Himachal Pradesh (HP) Tenancy and Land Reforms Act 1972, no provision is there to do mutation of gair marusi (Non Occupancy) property in the name of daughters as mutation is allowed/possible for male legal heir only.

If a gair marusi person is having daughters only and he adopt a son, in that case is this son by default become legal heir of gair marusi property for mutation in his name. Thanking you all in anticipation of legal advice, please.

Regards

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Quick Summary

This discussion concerns the Himachal Pradesh Tenancy and Land Reforms Act 1972, specifically regarding the mutation of 'gair marusi' (non-occupancy) property. The original poster inquired if an adopted son can inherit such property if the owner has only daughters, as the law currently only allows mutation for male legal heirs. Subsequent advice highlighted that the validity of the adoption and its legal standing depend on several factors, including whether the parties are Hindu, if the adoption deed was registered correctly, the age of the child at adoption, and if the adopted son is claiming inheritance from his natural parents.

T. Kalaiselvan, Advocate (Expert) 21 August 2024
This pertains to local law hence you may consult a local lawyer and clarify your doubts

Sudhir Kumar, Advocate (Expert) 21 August 2024
You have basically asked no question only narrated facts.

Please intimate :-

1. whether adopted son and adoptive parents both are hindoo.
2. whether adoption deed was signed and registered by adoptive parents and natural parents.
3. whether adoption took place before the child was below 15 years of age.
4. whether adopted son is claiming any share in the property of natural parents.
5. whether at the time of adoption the child was already adopted by someone,

Chetan (Querist) 21 August 2024
Dear experts I thank for your kind reply and guidance.

@Sudhir Sir, Adoption is yet to consider subject to acceptance him as legal heir of gair marusi property by law.

Regards

kavksatyanarayana (Expert) 21 August 2024
Tenants without any occupancy rights are known as gair-marusi in states like Punjab, Haryana, and Himachal Pradesh. A tenant-at-will is a tenant from year to year, and his rent is determined by the agreement between himself and his landlord.

Sudhir Kumar, Advocate (Expert) 22 August 2024
You are abstaining from saying “yes” or “no” to following questions.

1. whether adopted son and adoptive parents both are hindoo.
2. whether adoption deed was signed and registered by adoptive parents and natural parents.
3. whether adoption took place before the child was below 15 years of age.
4. whether adopted son is claiming any share in the property of natural parents.
5. whether at the time of adoption the child was already adopted by someone,

This material is relevant for me to for and express my views

Chetan (Querist) 26 August 2024
@Sudhir Sir
1. Yes
2.Yes
3.Yes
4.No
5.No

Also, can one adopt son (grand son) of his/her real daughter?

Regards

Sudhir Kumar, Advocate (Expert) 27 August 2024
now you are giving facts in peace meal.

why do not you reveal relevant facts at once.

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